ILNews

Appeals court affirms murder convictions

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals affirmed a man's convictions of murder, conspiracy to commit murder, and the finding that he is a habitual offender.

In Charles D. Boney v. State of Indiana, No. 22A01-0607-CR-310, Boney was connected to the murder of Kim Camm and her two children at home by her husband, David. Boney provided the weapon David used to murder his family and was at the Camm's home when the murder occurred.

Boney raised several issues on appeal following his jury trial and convictions. He argued his convictions should be reversed because the trial court erred in letting the state exercise a peremptory challenge on a prospective juror who was African-American; specific pretrial statements Boney gave to police officers were improperly admitted into evidence; the trial court abused its discretion by denying a motion for mistrial because of comments made by witnesses regarding Boney's previous incarceration; the trial court erred in refusing to give his proffered instruction on accomplice liability; and the trial court should have granted his motion to correct error based on juror conduct.

The appellate court found no reversible errors and affirmed the trial court's decision.

The reason the African-American prospective juror was excused was based on his responses to the juror questionnaire, not because of his race, so the denial of Boney's Baston challenge by the trial court was not an error, the court found.

Statements Boney had made to police without receiving a Miranda warning were admissible in court because he had made similar statements to another police officer he spoke to earlier that day in which he was advised of his Miranda rights. He also signed a waiver of the right to counsel.

In regards to the trial court denying Boney's motion for a mistrial, the trial court instructed the jury to disregard statements made about Boney's prior incarceration and struck a witness from the trial in order to prevent any harm that may have resulted from the testimony. Any error that may have occurred as a result of the admission of the statements or testimony stricken from the record was harmless, wrote Chief Judge John Baker.

The final jury instruction given by the trial court sufficiently informed the jury about the requirement of finding affirmative action on the part of the defendant before he can be convicted as an accomplice, so Boney's instructions for the jury did not need to be given.

Finally, Boney contended he is entitled to a new trial because of alleged juror misconduct. However, the juror Boney pointed to was excused prior to deliberations and the 11 remaining jurors signed affidavits stating that juror did not influence them nor did he ever make any racist or prejudiced statements regarding Boney. Because the juror did not participate in the deliberations nor influence the other jurors, Boney's argument fails, wrote Chief Judge Baker.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT